SYED ABDUL SAMAD Vs. NEKRTC

JUDGEMENT

(1.) DELAY condoned. IA No. 2/2013 is accordingly allowed. By the impugned order, the learned Single Judge has rejected the prayer of the petitioners for grant of consequential benefits by setting aside the order of acceptance of resignation of the deceased employee.

(2.) THE appellants herein are the legal representatives of Syed Abdul Samad, who was employed in the respondent -corporation. He suffered disability during employment. On 30.11.2011, the employee submitted a representation to permit him to retire voluntarily from the service on the ground that he is unable to do the work. The said representation is accepted and he was relieved from duties. He was paid all consequential monetary benefits. After the death of employee, the appellants (LRs of the employee) herein approached this Court in W.P. No. 80870/2012 taking the plea that the resignation ought not have been accepted by the Corporation; and the Corporation ought to have been provided alternative job to the employee, who has suffered disability. In the matter on hand, undisputedly, the employee had given representation voluntarily on the ground that he is unable to do the work. If it is so, there is no ground to believe that the employee was able to do any alternative work. Moreover, the Court is at a loss to understand that what has happened during the life time of Syed Abdul Samad. Only after his demise, his legal representatives taken a new plea. Hence, the learned Single Judge has rightly dismissed the writ petition. No interference is called for. Accordingly, the appeal stands dismissed on merits.